New adoption laws for NSW
The adoption process has been simplified for step-parents, relatives or those who wish to adopt a child from overseas.
“The changes will help to ensure foster carers who adopt a child who has been part of their family for at least two years will continue to receive financial assistance,” said Mary Griffin, DoCS Director Adoption and Permanent Care Services.
This legislation will make it easier for children to be adopted by their carers. The Act also simplifies the procedure for future adoptive parents, birth parents and adopted persons to access their records before the adopted person is 18. This will allow adopted people to know details of their origins from the time they are adopted.
NSW now leads the way in being the most progressive in open adoption practice in Australia.
Changes to the Act ensure greater involvement of local Aboriginal communities and agencies in the adoption of Aboriginal children.
Changes to the Act include:
- prospective adoptive parents are able to lodge the required reports for an adoption order directly to the Court rather than waiting for the Department of Community Services to do this, saving time and money
- the Supreme Court has the authority to request that Community Services prepares a report on any adoption case where there are possible child protection issues
- eligibility criteria for adoption are being focused more on adoptive parenting capacity and being included in the Regulation for transparency
- the time an applicant needs to have had a pre-existing relationship with the child prior to adoption has been reduced to two years
- the principles of the Act have been amended to reflect the detrimental effect on children of undue delay in adoption proceedings.
Inter-country adoptions – expression of interest to NGOs
Expressions of interest from charitable and not-for-profit organisations to provide inter-country adoption services for NSW residents were called for in December, with the closing date of 11 February.
The call follows the Department of Community Services review of adoption services in 2006. The review recommended the management of inter-country adoptions be outsourced to non-government organisations - allowing the Department to focus on finding stable and permanent homes for children in out-of-home care.
The Department will negotiate financial and practical assistance with the organisation selected to take on this role in order to help them get started. DoCS currently maintains adoption programs with 14 overseas countries and provides a state-wide adoption service.
As of 28 March 2007, the NSW inter-country program had 1,058 clients at various stages – from those who had lodged an expression of interest for adoption through to those finalising the adoption process.
To maintain a high standard of service for those wishing to adopt and to ensure that children’s best interests continue to be protected, DoCS has worked closely with the NSW Office of the Children’s Guardian to develop a comprehensive accreditation scheme.
An agency must be a charitable or non-profit organisation to meet inter-country adoption accreditation requirements, in line with the NSW Adoption Act 2000. Couples planning to adopt children will face less red tape following new legislation passed in the NSW Parliament on 27 November last year.